SENATE BILL NO. 1294

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Daily Data Tracking History



S1294.................................................by HEALTH AND WELFARE
SWIMMING POOLS - Amends existing law to provide that the term "public
swimming pool" does not include a swimming pool operated solely for and in
conjunction with certain places of lodging and residential facilities
containing multiple dwellings.
                                                                        
01/17    Senate intro - 1st rdg - to printing
01/18    Rpt prt - to Health/Wel
01/23    Rpt out - rec d/p - to 2nd rdg
01/24    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 29-4-2
      AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill,
      Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Thorne(Thorne), Wheeler,
      NAYS -- Boatright, Davis, Stegner, Williams
      Absent and excused -- Branch, Sims
    Floor Sponsors - King-Barrutia & Stennett
    Title apvd - to House
01/29    House intro - 1st rdg - to Health/Wel
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 59-8-3
      AYES -- Aikele, Barrett, Bedke, Bell, Bieter, Black, Block, Bolz,
      Bradford, Bruneel, Callister, Campbell, Collins, Crow, Deal, Denney,
      Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley,
      Hammond, Harwood, Hornbeck, Jaquet, Kellogg(Duncan), Kendell, Kunz,
      Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Roberts, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young
      NAYS -- Barraclough, Boe, Cuddy, Henbest, Higgins, Jones, Montgomery,
      Robison
      Absent and excused -- Clark, Gould, Mr. Speaker
    Floor Sponsor - Ellis
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/21    Governor signed
         Session Law Chapter 191
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1294
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE;  AMENDING  SECTION  56-1001,
  3        IDAHO  CODE,  TO  PROVIDE  THAT  THE  TERM "PUBLIC SWIMMING POOL" DOES NOT
  4        INCLUDE A SWIMMING POOL OPERATED SOLELY FOR AND IN CONJUNCTION  WITH  CER-
  5        TAIN  PLACES  OF  LODGING  AND  RESIDENTIAL FACILITIES CONTAINING MULTIPLE
  6        DWELLINGS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 56-1001, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        56-1001.  DEFINITIONS.  Whenever  used  or  referred  to  in this chapter,
 11    unless a different meaning clearly appears from  the  context,  the  following
 12    terms shall have the following meanings:
 13        (1)  "Board"  means  the board of health and welfare as created in section
 14    56-1005, Idaho Code.
 15        (2)  "Department" means the department of health and welfare.
 16        (3)  "Director" means the director of the department of  health  and  wel-
 17    fare.
 18        (4)  "Laboratory"  means  not only facilities for biological, serological,
 19    biophysical, cytological and pathological tests, but also facilities  for  the
 20    chemical  or  other  examination  of  materials  from water, air or other sub-
 21    stances.
 22        (5)  "Person" means any individual, association, partnership, firm,  joint
 23    stock  company, trust, estate, political subdivision, public or private corpo-
 24    ration, state or federal governmental department, agency  or  instrumentality,
 25    or  any other legal entity which is recognized by law as the subject of rights
 26    and duties.
 27        (6)  "Public swimming pool" means an artificial structure, and its  appur-
 28    tenances,  which  contains  water more than two (2) feet deep which is used or
 29    intended to be used for swimming or recreational bathing, and which is for the
 30    use of any segment of the public pursuant to a general invitation but  not  an
 31    invitation  to  a  specific occasion or occasions. The term does not include a
 32    swimming pool operated solely for and in conjunction with a  hotel,  motel  or
 33    other place of lodging, or a trailer park, apartment, condominium or any other
 34    residential facility containing multiple dwellings.
 35        (7)  "State" means the state of Idaho.
 36        (8)  "Substantive"  means  that  which  creates,  defines or regulates the
 37    rights of any person or implements, interprets or prescribes  law  or  policy,
 38    but does not include statements concerning only the internal management of the
 39    department  and  not  affecting  private rights or procedures available to the
 40    public.

Statement of Purpose / Fiscal Impact


              
                          STATEMENT OF PURPOSE
              
                           
                                RS 11594
              
          
              
There is an ambiguity in current statute as to whether
swimming pools at lodging facilities and residential complexes
are “public swimming pools” subject to regulation by the Idaho
Department of Health and Welfare under Idaho Code 5 6—1003 (d)
The intent of this legislation is to clarify the definition of
“public swimming pool.”
              
                                          
                              FISCAL IMPACT
              
                           
It is possible that this could result in savings to the
department.
              
Contact
Name:   Senator Robbi Barrutia
Phone:  332—1347
              

STATEMENT OF PURPOSE/FISCAL NOTE               S 1294